Author Archives: Eyal Benvenisti

State Sovereignty and Cyberspace: What Role for International Law?

 

Does international law apply in cyberspace?

The meeting last June of the “2016-2017 UN Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security” (GGE) reached a dead end. The GGE failed to endorse even the simple premise that international law applies to cyberspace. The Group, which had been given the mandate by the UN General Assembly to study “how international law applies to the use of information and communications technologies by States” will not be able to fulfill its mission.

This disappointing development surfaces a debate that has been lurking for quite a while. Continue reading

“Inclusive Multilateralism” as the response to Rising Nationalism

The rising tide of nationalism has reached new peaks in 2016. The continued ascent of anti-immigrant parties throughout Europe was eclipsed by Brexit and the nomination of Donald Trump as the Republican candidate for the U.S. presidency. Before making a series of uncouth remarks, Trump was leading in most of the polls. Experts were baffled by the unanticipated popularity of these stark anti-globalization sentiments that cut across the traditional political divide between left and right and united Trump voters with Sanders followers. Continue reading

EU Treaties Must Comply with the Principles of the Rule of Law and Human Rights

In its judgment of 14 June 2016, the Grand Chamber of the CJEU (European Parliament and Commission v. Council) stated that the provisions of the EU-Tanzania Agreement concerning the transfer of pirates by the European Union to Tanzanian authorities must comply with the principles of the rule of law and human rights, as well as the respect for human dignity, since “such compliance is required of all actions of the European Union, including those in the area of the [Common Foreign and Security Policy].” (para. 47). Continue reading